THE BILL ITSELF
HB 6003
Recovery of Damages for Medical Negligence Resulting in Death
1
A bill to be entitled
2
An act relating to recovery of damages for medical
3
negligence resulting in death; amending s. 768.21,
4
F.S.; deleting a provision that precluded certain
5
persons from recovering damages for medical negligence
6
resulting in death; amending ss. 400.023, 400.0235,
7
and 429.295, F.S.; conforming provisions to changes
8
made by the act; providing an effective date.
10
Be It Enacted by the Legislature of the State of Florida:
12
Section 1. Subsection (8) of section 768.21, Florida
13
Statutes, is amended, and subsections (3) and (4) of that
14
section are republished, to read:
15
768.21 Damages.—All potential beneficiaries of a recovery
16
for wrongful death, including the decedent's estate, shall be
17
identified in the complaint, and their relationships to the
18
decedent shall be alleged. Damages may be awarded as follows:
19
(3) Minor children of the decedent, and all children of
20
the decedent if there is no surviving spouse, may also recover
21
for lost parental companionship, instruction, and guidance and
22
for mental pain and suffering from the date of injury. For the
23
purposes of this subsection, if both spouses die within 30 days
24
of one another as a result of the same wrongful act or series of
25
acts arising out of the same incident, each spouse is considered
26
to have been predeceased by the other.
27
(4) Each parent of a deceased minor child may also recover
28
for mental pain and suffering from the date of injury. Each
29
parent of an adult child may also recover for mental pain and
30
suffering if there are no other survivors.
31
(8) The damages specified in subsection (3) shall not be
32
recoverable by adult children and the damages specified in
33
subsection (4) shall not be recoverable by parents of an adult
34
child with respect to claims for medical negligence as defined
35
by s. 766.106(1).
36
Section 2. Subsection (9) of section 400.023, Florida
37
Statutes, is amended to read:
38
400.023 Civil enforcement.—
39
(9) An action under this part for a violation of rights or
40
negligence recognized herein is not a claim for medical
41
malpractice, and s. 768.21(8) does not apply to a claim alleging
42
death of the resident.
43
Section 3. Section 400.0235, Florida Statutes, is amended
44
to read:
45
400.0235 Certain provisions not applicable to actions
46
under this part.—An action under this part for a violation of
47
rights or negligence recognized under this part is not a claim
48
for medical malpractice, and the provisions of s. 768.21(8) do
49
not apply to a claim alleging death of the resident.
50
Section 4. Section 429.295, Florida Statutes, is amended
51
to read:
52
429.295 Certain provisions not applicable to actions under
53
this part.—An action under this part for a violation of rights
54
or negligence recognized herein is not a claim for medical
55
malpractice, and the provisions of s. 768.21(8) do not apply to
56
a claim alleging death of the resident.
57
Section 5. This act shall take effect July 1, 2026.